Statuatory Interpretation- rules of language

Question 1

Name the three rules of language

Answer 1

Expressio unius est exclusio alterius
Noscitur a sociis
Esjusdem generis

Question 2

What is the esjusdem generis rule

Answer 2

where general words follow particular words, the general words are interpreted to be the same kind of particular words

Question 3

Name one real life case example of esjusdem generis

Answer 3

Powell v Kempton park racecourse (1899)- the defendant kept an open air enclosure reserved for bookies. It was prohibited to keep a “house, office or other place” for betting purposes.
As the particular word refer to covered places the genera words were also thought to mean similar places and so the defendant was not guilty

Question 4

What is expression unius est exclusio alterius

Answer 4

The expression of one thing implies the exclusion of another.

Question 5

Name one real life case example of expression unius est exclusio alterius

Answer 5

Tempest v Kilner - A section of an Act included the words ‘goods, wares and merchandise.’
It was held that the section could not be taken to apply to stocks and shares, as they had not been included on the list

Question 6

What is Noscitur a sociis

Answer 6

The meaning of a word is gathered from the context in which it is written.

Question 7

Name one real life case example of Noscitur a sociis

Answer 7

Inland Revenue Commissioners v Frere 1965 - A section of an Act referred to ‘interest, annuities or other annual interest’
Because of the reference ‘other annual interest’ the court decided that the first use of ‘interest’ must be restricted to annual interest (and not apply to monthly interest)